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Program Details
2026-10-23 12:00:00
Over 1,000+ webinars
Course Overview
2026-10-23 12:00:00
2h CLE Credits
Intermediate
2
This session examines decisions that can shape a commercial arbitration before the merits are ever reached: selecting the right arbitrator and preserving access to federal court. We will discuss how Badgerow v. Walters, Smith v. Spizzirri, and Jules v. Andre Balazs Properties affect federal jurisdiction over proceedings to compel arbitration and to confirm or vacate an award. We will also examine Coinbase v. Suski and the problems created when related contracts contain inconsistent arbitration and forum-selection provisions.
The session will then turn to the practical mechanics of selecting arbitrators under the AAA and JAMS rules, including ranking candidates, evaluating qualifications and investigating disclosures. Attendees will leave with practical guidance for preserving federal jurisdiction, arbitrator selection and disclosure review, and drafting recommendations designed to avoid preliminary litigation over whether a dispute belongs in court or arbitration.
This session focuses on the two points at which arbitrators and advocates most directly shape whether a commercial arbitration will withstand judicial review: managing the hearing and drafting the award. Participants will examine hearing procedures, record preservation, credibility determinations, interpreter use, arbitrator disclosures, and bias avoidance. The session then turns to what makes an arbitration award genuinely “reasoned,” including how an award should address significant issues and arguments, determinative factual findings, damages, and other relief without becoming full findings of fact and conclusions of law. The session concludes with the principal grounds for vacatur under FAA § 10(a), the continuing circuit split over manifest disregard, and practical drafting techniques for reducing post-award vulnerability.
JAMS
Ohio Northern University College of Law
JAMS
Steven M. Bauer serves as a JAMS neutral resolving complex commercial disputes in the life sciences, technology, and intellectual property fields, including disputes arising from R&D collaborations, licensing agreements, and IP litigation. His practice is national and international, involving parties from around the world, with cases administered by JAMS, AAA/ICDR, and the ICC. He sits as arbitrator, mediator, court-appointed neutral, referee, special master, neutral evaluator, and hearing officer, working from Boston and London. His subject matter spans biotechnology, medical devices, semiconductors, telecommunications, encryption, artificial intelligence, and advanced materials.
Ohio Northern University College of Law
Richard A. Bales serves as an arbitrator in commercial, labor, employment, and consumer disputes and is a member of the National Academy of Arbitrators. He sits on the Eighth Panel of the Beijing Arbitration Commission/Beijing International Arbitration Center and is a panelist with the Abu Dhabi Global Market Arbitration Centre. He is a Professor of Law and former Dean at Ohio Northern University College of Law, where he teaches alternative dispute resolution alongside torts and civil procedure. He is admitted in Texas (bar no. 00787030) and Kentucky (bar no. 88816).
JAMS
Steven M. Bauer serves as a JAMS neutral resolving complex commercial disputes in the life sciences, technology, and intellectual property fields, including disputes arising from R&D collaborations, licensing agreements, and IP litigation. His practice is national and international, involving parties from around the world, with cases administered by JAMS, AAA/ICDR, and the ICC. He sits as arbitrator, mediator, court-appointed neutral, referee, special master, neutral evaluator, and hearing officer, working from Boston and London. His subject matter spans biotechnology, medical devices, semiconductors, telecommunications, encryption, artificial intelligence, and advanced materials.
Ohio Northern University College of Law
Richard A. Bales serves as an arbitrator in commercial, labor, employment, and consumer disputes and is a member of the National Academy of Arbitrators. He sits on the Eighth Panel of the Beijing Arbitration Commission/Beijing International Arbitration Center and is a panelist with the Abu Dhabi Global Market Arbitration Centre. He is a Professor of Law and former Dean at Ohio Northern University College of Law, where he teaches alternative dispute resolution alongside torts and civil procedure. He is admitted in Texas (bar no. 00787030) and Kentucky (bar no. 88816).
Requirements
The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.
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